Question Details

With reference to anti-defection law in India, consider the following statements:


1. The law specifies that a nominated legislator cannot join any political party within six months of being appointed to the House.

2. The law does not provide any time-frame within which the presiding officer has to decide a defection case.

Which of the statements given above is/are correct?

Options

A

1 only

B

2 only

C

Both 1 and 2

D

Neither 1 nor 2

Show Answer

Correct Answer :

Option B

2 only

Solution :

The correct option is 2 only.

Let us analyze the statements in detail to understand why this is the correct answer:

Analysis of Statement 1:
According to the Tenth Schedule of the Constitution of India (commonly known as the Anti-Defection Law), a nominated member of a House is allowed to join a political party, but they must do so within six months of taking their seat in the House. If they join any political party after the expiry of those six months, they stand disqualified from being a member of the House. Therefore, Statement 1 is incorrect because it states that a nominated legislator cannot join any political party within six months, whereas the law actually gives them a six-month window to do so and penalizes joining after that period.

Analysis of Statement 2:
The Anti-Defection Law does not prescribe any specific time limit or frame within which the Presiding Officer (Speaker or Chairman) of the House must decide a case of disqualification arising out of defection. The matter is left to the discretion of the presiding officer, which has often led to criticisms and judicial reviews regarding delays. Thus, Statement 2 is correct.

Since Statement 1 is incorrect and Statement 2 is correct, the overall correct option is "2 only".

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